NDLI: Charan Singh @ Charanjit Singh Vs. The State of Uttarakhand

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Even the ingredients of s. 498A Presumption as to dowry death IPC ss. 304 B presumption u/s. 304B or s.113B of the Evidence Act 498 A and 201
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 : ss. 304B, 498A and 201 – Dowry Death – Presumption as to dowry death – Prosecution case that woman married two years ago, killed by her husband-appellant and in-laws for dowry – Death was unnatural and the victim was cremated without even informing her parents – Trial court convicted the appellant, brother-in-law and mother-in-law u/ss. 304B, 498A and 201 and sentenced them to undergo rigorous imprisonment for ten years u/s 304B, rigorous imprisonment for two years respectively u/ss. 498A and 201 – In appeal, the conviction and sentence of the brother-in-law and mother-in-law set aside whereas the conviction of the appellant upheld, however, the sentence u/s. 304B reduced to seven years – On appeal, held: In the evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the victim by the appellant or any of his family members on account of demand of dowry soon before the death or otherwise – Rather harassment not been narrated by anyone – Only certain oral averments regarding demand of motorcycle and land which was also much prior to the incident – Evidence led by the prosecution did not fulfil the pre-requisites to invoke presumption u/s. 304B or s. 113B of the Evidence Act – Even the ingredients of s. 498A not made out – Mere death of the victim being unnatural in the matrimonial home within seven years of marriage not sufficient to convict the accused u/ ss. 304B and 498A – Cause of death as such not known – Thus, the conviction and sentence of the appellant u/ss. 304B, 498A and 201 not justified – Impugned judgment of the High Court set aside – Evidence Act – s. 113B.
Judge	Hon'ble Mr. Justice Rajesh Bindal
Neutral Citation	2023 INSC 404
Petitioner	Charan Singh @ Charanjit Singh
Respondent	The State Of Uttarakhand
SCR	[2023] 3 S.C.R. 511
Judgement Date	2023-04-20
Case Number	447

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